Canadian Safety Reporter

CANADIAN SAFETY REPORTER Continued from page 6 tively (against) their former employer." taking some initiative. So at least we're seeing some sort of concrete changes that are happening, and the changes that are in this bill are all good," said Claire Seaborn, president of the Ottawabased Canadian Intern Association. Hopefully, these changes will help raise the profile of unpaid and precarious workers and the issues they face, she said. "It's going to raise awareness for employers, realizing that people who aren't paid are still entitled to some protection under the law. And hopefully it will encourage employers to look a little further and realize that, in many cases, interns are actually entitled to be paid as well." In Ontario, interns are generally entitled to minimum wage as per the Employment Standards Act, said Naqvi. "In terms of interns, our rules are very clear: It does not matter what your job position or your title is, if you work for someone, you are covered by the Employment Standards Act — the only exception being co-op students who get credit from a college or university, and trainees, and there are six criteria that one has to meet in order to qualify as a trainee." But many employers — and interns themselves — still aren't aware of that, according to Alastair Woods, chair of the Ontario branch of the Canadian Federation of Students (CFS) in Toronto. "With a generation that has grown up with the expansion of an intern economy, many young people don't realize that it's actually illegal," he said. The new legislation will help raise awareness of that fact — and hopefully help more interns claim back their unpaid wages, said Seaborn. "The really important thing about the two-year extension is that, a lot of the time, interns don't want to file a complaint until they have a new job. So they don't want to file complaints immediately after or during their internship, because they don't feel secure enough to be doing something that public," she said. "You really have to put your name out there and in many cases it tarnishes that person's reputation in an industry, or they're worried about not getting a reference letter from an employer. But this time period now allows an intern to get a new job, feel secure in that job and then be able to file a complaint retroac- Creating a dialogue ■ INTERNSHIPS While the new legislation is a good start, there is still work to be done toward putting an end to illegal unpaid work and the exploitation of precarious workers in the province, said Woods. "Though this is a positive step forward, we still believe that more can be done. And we are looking forward to continuing to work with the government to end the practice of unpaid work." The hope is this bill will be the first among many legislative steps to protect precarious workers in the province — and across Canada. "I do hope that this bill will encourage the other provincial ministries of labour but… at the federal level, there's a huge gap in the law, because we don't know what the status is for unpaid workers who are working for federally regulated companies," said Seaborn. "They're the ones that can set an even better example for the whole country and for all the provinces." National strategy? The Canadian Federation of Students has given input on a national strategy bill that would help standardize some regulations regarding unpaid workers, said Woods. "We've been working nationally with (MP) Andrew Cash… who put forward an urban workers strategy, which is a national bill that seeks to protect precarious workers such as contract workers, part-time workers, temporary workers and interns," he said. "One of the things that his act is seeking to do is actually to have the federal minister of labour sit down with the counterparts in the provinces, and actually try to standardize some rules and laws about internships." Their ultimate goal may still be a distant one but for Woods and the CFS, this legislation is the first step in beginning that conversation. "Our ultimate goal is ending the practice of unpaid work, but I know that's going to take a while," he said. "So what we're looking for is a broader conversation about what are some mechanisms that we can utilize to ensure that people can report abuses in internships that doesn't expose their name or their reputation or their future employability opportunities." Canadian HR Reporter, a Thomson Reuters business 2014 Internship rules vary between provinces ONE MAJOR obstacle for employers and interns isn't any consistency between provinces when it comes to the rules around internships. Here's a look across Canada: British Columbia: Internships are subject to minimum wage, while practicums are not. Alberta: The language is somewhat unclear, particularly around what "entitled to wages" means. Students engaged in a governmentapproved work experience program are exempt from minimum wage. Saskatchewan: Most employees are entitled to minimum wage but it is unclear what "entitled to remuneration" means and, therefore, unclear if interns qualify for it. Manitoba: It appears from the language in the Employment Standards Code that interns would qualify for minimum wage. Ontario: Under the Employment Standards Act, interns are entitled to minimum wage — with the exception of those doing work for academic credit. Quebec: Unpaid interns are generally not considered employees but they can be evaluated on a case-by-case basis. New Brunswick: It's unclear from the language in the Employment Standards Act whether interns are entitled to the minimum wage. Nova Scotia: The definition of "employee" appears broad enough to include interns, so they should be entitled to minimum wage. Prince Edward Island: It's unclear whether interns are included in the definition of "employee" and, therefore, it's unclear whether they qualify for minimum wage. Newfoundland and Labrador: The definition of "employee" appears broad enough to include interns, so they should be entitled to minimum wage. Source: Canadian Intern Association 7

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